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ROSH HASHANAH: CHAPTER 2: MISHNAH 9

Rabban Gamliel sent to him: "I order you to come before me, with your staff and with your money, on Yom Kippur that falls according to your calculation." Rabbi Akiva went and found him distressed; he said to him, "I have to teach, that all that Rabban Gamliel did is done, for it is written, "These are the appointed seasons of the Lord, which you shall proclaim" (Lev. 23:4), whether at their proper time, or not at their proper time, I have no appointed season save these. He came to Rabbi Dosa ben Harkinas, he said to him, "If we were to investigate the Court of Rabban Gamliel, then we must investigate each and every Court that has arisen from the time of Moses until now"; as it is written, "Then went up Moses, and Aaron, Nadav, and Avihu, and seventy of the elders of Israel" (Ex. 24:9). And why are the names of the elders not mentioned? To teach us that each and every three that have risen up as a Court over Israel are as the Court of Moses. He took his staff and his money in his hand, and went to Yavneh to Rabban Gamliel on the day that Yom Kippur fell by his calculation. Rabban Gamliel stood up and kissed him on his head, and said to him, "Come in peace, my master and my disciple! My master in wisdom, and my disciple because you accepted my words."

Kehati

This mishnah is the continuation of the preceding mishnah. It relates that when Rabban Gamliel learned that his colleague Rabbi Yehoshua disagreed with him in the matter of witnesses who said, "We saw it at its proper time, and we did not see it in its intercalated night," and Rabbi Yehoshua did not accept his determination of the New Moon, and proclaimed for himself Rosh Hodesh on the thirty-first day, Rabbi Gamliel, fearful that this might lead to a division among the people, sent to Rabbi Yehoshua, ordering him to accept the authority of the Nasi of the Court.

Rabban Gamliel sent to him - to Rabbi Yehoshua: "I order you to come before me, with your staff and with your money, on Yom Kippur that falls according to your calculation" - Tiferet Yisrael writes that he ordered Rabbi Yehoshua, but not Rabbi Dosa ben Harkinas, because Rabbi Yehoshua was the head of a Court, and Rabban Gamliel feared that others would follow him; or because Rabbi Dosa ben Harkinas was very old, and he did not want to trouble him; or because Rabbi Dosa accepted the ruling of Rabban Gamliel (see below). Rabbi Akiva went and found him - Rabbi Yehoshua - distressed - because of the decree that Rabban Gamliel had imposed upon him; he - Rabbi Akiva, said to him - Rabbi Yehoshua, "I have to teach - i.e., to prove to you,

That all that Rabban Gamliel did is done - even if he erred and effected kiddush ha-hodesh at the wrong time, his opinion stands, for it is written, "These are the appointed seasons of the Lord, which you shall proclaim" - the Torah made the determination of the holidays dependent upon the determination of the Court, whether the Court determined the holy days at their proper time, or the Court erred and determined the holy days not at their proper time, I have no appointed seasons save these - that were determined by the Court, through kiddush ha-hodesh.

He - Rabbi Yehoshua, came to Rabbi Dosa ben Harkinas - who disagreed with Rabban Gamliel, and said, "They are false witnesses!" (see the preceding mishnah), he - Rabbi Dosa, said to him - Rabbi Yehoshua, "If we are to investigate the Court of Rabban Gamliel - who erred in his judgement, and ruled incorrectly, then we must investigate each and every Court that has arisen from the time of Moses until now" - i.e., just as we do not investigate every Court that has arisen in previous generations, we also cannot investigate the Court of Rabban Gamliel,

As it is written, "Then went up Moses, and Aaron, Nadav, and Avihu, and seventy of the elders of Israel" (Ex. 24:9). And why are the names of the elders not mentioned? To teach us - we learn from the Torah, that each and every three that have risen up as a Court over Israel, are as the Court of Moses - as those elders not mentioned by name. Even if no Court is in fact as great as Moses and Aaron, Nadav, and Avihu, it may be as important as the seventy elders. A baraita quoted in the Gemara adds: "Jerubaal (Gideon) in his generation as Moses in his generation, Bedan (Samson) in his generation as Aaron in his generation, Jephtah in his generation as Samuel in his generation, to teach you that once appointed leader over the public, even the most insignificant person is regarded as the noblest of the noble." When Rabbi Yehoshua heard that Rabbi Dosa accepted the ruling of Rabban Gamliel,

He took his staff and his money in his hand, and he went to Yavneh to Rabban Gamliel on the day that Yom Kippur fell by his calculation - as Rabban Gamliel had ordered him to do.

Rabban Gamliel stood up and kissed him on his head and said to him, "Come in peace, my master and my disciple! My master in wisdom, and my disciple because you accepted my words" - a baraita in the Gemara states: "When he (Rabban Gamliel) saw him (Rabbi Yehoshua), he rose from his chair, kissed him on his head, and said to him, 'Peace be unto you, my master and my disciple! My master, because you taught me Torah in public, and my pupil, because I issued an order to you and you fulfilled it as a disciple. Happy is the generation in which the great heed the minor ones, and as a result the minor ones learn their lesson and heed the great.'" In this manner Rabban Gamliel persuaded Rabbi Yehoshua that he issued his order only because he feared that the Torah might be split into two teachings, and that people would be split into sects.

ROSH HASHANAH: CHAPTER 3: MISHNAH 1

If the Court and all Israel saw it, the witnesses were examined, and they did not manage to proclaim "It is sanctified!" until nightfall - then this is intercalated. If only the Court saw it, two should stand up and testify before them, and they should say, "It is sanctified, it is sanctified!" If three saw it and they are the Court, two should stand up and seat of their colleagues beside the single one, and they should testify before them, and say, "It is sanctified, it is sanctified!" for a single person is not considered trustworthy.

Kehati

It has been taught (1:7, above) that after the examination of the witnesses who saw the New Moon, the head of the Court says, "It is sanctified!" and all the people answer after him, "It is sanctified, it is sanctified!" This mishnah teaches that the announcement of kiddush ha-hodesh by the Court was the main condition for the establishment of the thirtieth day as Rosh Hodesh. If the Court did not manage to say "It is sanctified!" on the thirtieth day, then even though many people saw the new moon, and it was clear to all that the thirtieth day was Rosh Hodesh, the preceding month was nevertheless "full," and Rosh Hodesh was on the thirty-first day.

If the Court and all Israel - i.e., even if the Court itself saw it - the New Moon, together with a large number of people of Israel, and all knew that the thirtieth day was Rosh Hodesh; or if the witnesses were examined - i.e., the Court and all Israel did not see it, but rather witnesses came and they had already been examined on the thirtieth day, and kiddush ha-hodesh was supposed to have been effected, on the basis of this testimony, on the same day, and they - the Court, did not manage to proclaim "It is sanctified!" on the thirtieth day until nightfall - the night before the thirty-first (see Tosefot Yom Tov),

Then this - the past month - is intercalated - has thirty days, and Rosh Hodesh is on the thirty-first day; it is not the observation as such, but rather the declaration by Court, that effects kiddush ha-hodesh on the thirtieth day, and since the Court did not manage to say "It is sanctified" on the thirtieth day, kiddush ha-hodesh is effected only on the thirty-first day. According to Rashi, "The Court and all Israel saw it," means that they saw it on the thirtieth day close to nightfall, and the Court did not have time to proclaim kiddush ha-hodesh on the same day. According to another interpretation, they saw it on the night between the twenty-ninth and the thirtieth, but they delayed the following day and did not manage to say "It is sanctified!" until the eve of the thirty-first (Rambam; Bartenura). This mishnah therefore teaches two laws: (1) even though the Court and all Israel saw it, and it was common knowledge that the thirtieth day was fit to be proclaimed Rosh Hodesh, if the Court had not managed to say "It is sanctified!" before the beginning of the thirty-first night, the month ending is intercalated; (2) even though the witnesses had already been examined on the thirtieth day, and it could be presumed that the examination of the witnesses is like the beginning of the judgement, and the proclamation of "It is sanctified!" by the Court like its conclusion, and if the Court could not effect kiddush ha-hodesh during the day, it may do so at night, as it was taught that monetary lawsuits "are judged during the day and the verdict may be reached during the night" (Sanh. 4:1), this is not so, for the law regarding kiddush ha-hodesh is that the statement "It is sanctified!" must be made by the Court during the day, and since the Court could not do so before nightfall, the past month, the past month is "full," and Rosh Hodesh falls on the thirty-first day.

If only the Court - and not other witnesses - saw it - the Gemara explains that the Court saw the moon on the eve of the thirtieth, but could not effect kiddush ha-hodesh immediately because kiddush ha-hodesh may not be effected at night, then on the following day (the thirtieth), two members of the Court who saw the new moon should stand up and testify before them - the other members of the Court, so that they will effect kiddush ha-hodesh on the basis of their testimony.

And they should say, "It is sanctified, it is sanctified!" - i.e., they follow the normal procedure, the head of the Court saying, "It is sanctified!" and all the people answer after him, "It is sanctified, it is sanctified!" If, however, only the Court saw it on the twenty-ninth day before nightfall, it is not necessary that two stand and testify before the rest; rather, they say, on the basis of their observation, "It is sanctified!" i.e., the thirtieth day is sanctified as Rosh Hodesh. The Gemara explains the reason for this: "Hearing shall not be greater than seeing," i.e., if the Court announces the new month on hearing the testimony of witnesses who saw the new moon, why should it not be able to do so on the basis of its own observation, since seeing is stronger proof than hearing! Rashi adds the observation that regarding kiddush ha-hodesh, "testimony" is not mentioned, but rather, "when you see such as this, sanctify." If, however, the Court could not say, "It is sanctified!" before nightfall, then on the morrow two must stand up and testify before the rest, as was taught above. A Court may not effect kiddush ha-hodesh on the basis of their observation on the previous day in the daytime, but only on hearing witnesses' testimony. The Court may proclaim the New Moon on the basis of their own observation only at the time of the observation. This appears to be the law, according to Rashi's interpretation. According to Tosafot, however, if the members of the Court saw the moon during the night, kiddush ha-hodesh may not be effected on the basis of their observation, for observation by the court is equivalent to testimony, which may not be accepted at night. If, however, the members of the Court saw it on the twenty-ninth day, during the daytime, and could not say before nightfall, "It is sanctified," the Court may effect kiddush ha-hodesh on the following day on the basis of their observation on the preceding day, and there is no need for the hearing of testimony (Tosefot Rabbi Akiva Eiger). According to another interpretation, Rashi's view is identical with Tosafot (Ralbah, in his commentary on Rambam, Hil. kiddush ha-hodesh 2:9).

If three saw it and they are the Court - if three members of the Sanhedrin, who are authorized as a Court to effect kiddush ha-hodesh, saw the new moon on the eve of the thirtieth, but they may not effect kiddush ha-hodesh on the basis of their observation, for kiddush ha-hodesh may not be performed at night (see above), and no others were with them, two of these three, should stand up on the following day, and seat of their colleagues beside the single one - i.e., they add at least two of the members of the Sanhedrin to him, and they - the two who saw the moon, should testify before them, and say, "It is sanctified, it is sanctified!" - according to the standard procedure,

For a single person is not considered trustworthy - to say "It is sanctified," even if he is an expert, and at least three are required; similarly, it has been taught, "The intercalation of the month [i.e., kiddush ha-hodesh] - by three" (Sanh. 1:2). The Gemara explains the reason for this: there is no greater expert than Moses, yet it is written, regarding kiddush ha-hodesh, "And the Lord spoke to Moses and Aaron…This month shall be to you" (Ex. 12:1-2), from which it is learned, only if Aaron is with you. Tosafot explains that since a Court may not have an even number of members, they add one more to them; it therefore follows that kiddush ha-hodesh may be effected only by a Court of three.

Hameiri interprets "and seat of their colleagues beside the single one" as follows: the "single one" is the senior among the three; they co-opt from the members of the Sanhedrin, and the other two stand and testify before them. If they are not from among the greatest scholars of the Sanhedrin, the three of them can testify before their colleagues; since however, they are from among the greatest scholars of the Sanhedrin, it is necessary to separate two of them, and seat of their colleagues beside the single one.

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